A common problem for New Jersey employers is how to deal with an employee who has exhausted the available time under the Family and Medical Leave Act. Now, as you know, the Family and Medical Leave Act allows an employee to take 12 weeks’ leave as long as the employee and employer meet the conditions that trigger the FMLA to deal with a personal issue. When that time is exhausted, legitimately you can terminate the employee, but there is a real big catch  that can, under the right circumstances, be seen as disability discrimination under the law against discrimination, and that would be a very costly error to make. Whenever you have an employee who has exhausted medical leave, you really have to have someone examine the circumstances and give you an idea of what the risks are that you face by terminating that employee.